Alliance National Insurance Company v Absolut Facilities
Motion No: 2014-04132
Slip Opinion No: 2015 NY Slip Op 68421(U)
Decided on March 30, 2015
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M189866

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2014-04132

Alliance National Insurance Company, respondent,

v Absolut Facilities Management, LLC, appellant.

(Index No. 6840/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, dated March 17, 2014, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court entered June 5, 2014.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be a notice of appeal from the judgment to the extent that the judgment brings up for review the order, and on or before April 29, 2015, the appellant shall serve and file a supplemental record containing the judgment entered June 5, 2014; and it is further,

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until May 29, 2015, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court